Stevens v. Beach
Supreme Court of Vermont
Audita querela, to set aside a judgment rendered by Daniel Judd, a justice of the peace, on the 10th day of November, 1834, in favor of the defendant in this action, against the complainants, for sixty-five dollars damages and twelve dollars and fourteen cents costs. Plea, not guilty, and trial by jury- On the trial in the county court, the complainant gave in evidence a copy of the record of the judgment complained of.
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Audita querela, to set aside a judgment rendered by Daniel Judd, a justice of the peace, on the 10th day of November, 1834, in favor of the defendant in this action, against the complainants, for sixty-five dollars damages and twelve dollars and fourteen cents costs. Plea, not guilty, and trial by jury- On the trial in the county court, the complainant gave in evidence a copy of the record of the judgment complained of. It appeared from said copy, that the suit in which said judgment was rendered, had been continued to the tenth day of November, 1834; that the hour, set in the writ for trial,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield. J.
— In this case, the plaintiff’s witness, Steele, had testified that, in passing a certain point in the road, he made no delay, and did not turn aside from the main road. A witness on the part of the defendant, testified that, at this point, Steele’s horse did turn aside from the main road, and stood grazing for a long time. The plaintiff then, in reply, offered to prc^ve by witnesses who had not before testified, that Steele’s horse did not turn aside from the main road, and the court rejected the testimony.
If the fact, whether Steele’s…
2Cited by10 opinions
- State v. LongSupreme Court of Vermont · 1922
- State v. FairbanksSupreme Court of Vermont · 1928
- Comstock's v. JacobsSupreme Court of Vermont · 1911
- People v. WestcottCalifornia Court of Appeal · 1927
- State v. JacksonSupreme Court of Vermont · 1967
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